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Justinian I · The Digest of Justinian §10.3.15.pr

Partition Action and Security After Condemnation of a Co-Owner

Passage 1710 of 9271 · Latin

Summary

The text discusses how a co-owner sued and condemned regarding a common slave can bring a partition action even before paying, explaining the specific security required in a noxal action.

[IDEM libro quinto ad Plautium. ] §10.3.15.prSi socius serui communis nomine conuentus et condemnatus sit, aget communi diuidundo et antequam praestet: nam et si noxali iudicio cum uno actum sit, statim aget cum socio, ut ei pars traderetur, cautionibus interpositis, ut, si non dederit, reddat.
[THE SAME, on Plautius, book V.] If a co-owner is sued and condemned on account of a common slave, he can bring an action for partition of common property even before he pays; for even if a noxal action is brought against one of them, he will immediately bring an action against his co-owner so that his share may be delivered to him, under security given that, if he does not pay, he shall return it.

Notes

  1. 10.3.15.prcommuni diuidundo — An ablative form of the adjective, with the noun iudicio (or actione) being omitted, used adverbially to mean "by the action for partition of common property."
  2. 10.3.15.prsi non dederit, reddat — The subject of si non dederit is the condemned co-owner, and its implied object is the judgment debt to be paid; whereas the object of reddat refers to the slave (or the share thereof) that was previously delivered to him.

Cite this passage

Justinian I, The Digest of Justinian §10.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.3.15.pr

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